Open Country fails to get appeal approved

Photo / Brett Phibbs

The Supreme Court has turned down a proposed appeal by Open Country Cheese against an earlier judgment in favour of the New Zealand Dairy Workers' Union.

The judgment related to an industrial dispute in 2009 at the company's Waharoa plant, near Matamata.

It said the proposed appeal was on a question of law involving the Employment Relations Act 2000.

Staff had gone on strike at the Open Country Cheese plant.

Parent company Open Country Dairy sent other employees to operate the plant and continued to pay their wages and direct them.

However, the employees' activities required the co-operation of staff at Open Country Cheese who were involved in training and familiarising them with the operations, the judgment said.

The act forbids an employer from employing or engaging another person to perform the work of a striking or locked out employee.

The Court of Appeal in March upheld an appeal by the union.

The Supreme Court yesterday said it found the Court of Appeal's conclusions to be "unimpeachable and accordingly we are not satisfied that it is necessary in the interests of justice for this court to hear and determine the proposed appeal".

Dairy Workers' Union National Secretary James Ritchie said the dispute, which was resolved, had included a strike, a lockout and allegations of sabotage.

He said the decision was significant for workers' rights and the union movement.

Open Country Dairy chairman Laurie Margrain said the company was disappointed. "We think there are significant grounds for the appeal to be allowed."